Court Rejects Challenge Over Agnes Chow Poll Ban

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2018-02-28 HKT 16:29

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  • The judge said there must be "very compelling reasons" for the courts to intervene before an election. File photo: RTHK

    The judge said there must be "very compelling reasons" for the courts to intervene before an election. File photo: RTHK

The High Court has rejected a bid for a judicial review over Agnes Chow's disqualification from next month's Legco by-elections.

The challenge was being sought by the so-called "king of judicial reviews". But the judge said Chow is the best person to ask the courts to look into the decision, after the polls.

Judge Anderson Chow said if he granted leave for a judicial review at this point, it could have a "most deleterious effect" on the March 11 polls.

In a written judgement, he said the result of the Hong Kong Island by-election could be challenged afterwards by Agnes Chow herself through an election petition, as she is the person most directly and immediately affected by the disqualification.

The judge also said that according to a judgement in 1995 by the Court of Appeal, there must be "very compelling reasons" for the courts to intervene before an election.

The returning officer for Hong Kong Island ruled that Agnes Chow would not uphold the Basic Law, being as her Demosisto party advocates self-determination for Hong Kong people.

Kwok Cheuk-kin, who often files judicial reviews, had argued that the move to ban Agnes Chow was either unconstitutional or amounted to maladministration, because her party colleague Nathan Law was allowed to stand in the same constituency in 2016.

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